NCJ Number
226650
Journal
Journal of Forensic Psychology Practice Volume: 9 Issue: 1 Dated: January-March 2009 Pages: 1-34
Date Published
March 2009
Length
34 pages
Annotation
This paper explores the increase importance and heighten standards of mitigation in capital hearing cases and its impact on lawyers, experts, and mitigation specialists in communicating mitigation information effectively to a jury and/or court.
Abstract
The United States Supreme Court has historically and recently mandated heightened standards in defense team preparation in capital litigation. Capital cases necessitate such regulations to protect a defendant’s sixth amendment right to the effective assistance of counsel. This article emphasizes that the proper investigation and preparation of mitigation evidence and testimony is critical to the penalty phase of a capital case. The author explores biopsychosocial factors that are empirically related to violence both individually and cumulatively and than integrated into a practical mitigation strategy at capital sentencing. The psycholegal importance of death penalty mitigation and potential problems a forensic psychologist/psychiatrist and defense team might encounter at capital sentencing are explained. 2 figures